Virginia law allows attorneys of record in criminal cases to issue subpoenas duces tecum on approved forms, requiring the production of evidence. The law specifies procedures for service, timing, and objections to subpoenas, ensuring proper court oversight. It also details the responsibilities of sheriffs and the process for objecting to evidence requests.
An attorney of record who is an active member of the Virginia State Bar can issue a subpoena duces tecum in criminal cases.
Sheriffs are not required to serve a subpoena unless it is issued at least five business days before the evidence is needed.
Yes, if the subpoena is less than 14 days old, the person can serve a written objection citing grounds for not complying.
The party issuing the subpoena cannot compel production unless the court orders it, and the objecting party must be notified.